What your family faces to get the shares back

Describe the steps an executor has to go through to claim overseas brokerage holdings.

When someone dies holding shares with an overseas broker, the family cannot simply ask for them. A broker will not release assets to a relative just because the relative asks. Someone has to prove they have legal authority over the estate and then work through the broker's own paperwork. For US shares, they often have to deal with the US tax authority as well. Each stage takes time, and the account sits untouched while it runs.

Proving authority over the estate

The executor must first prove legal authority over the estate. In Singapore that proof is usually a grant of probate, which applies where a will names an executor. Where there is no will, the court appoints an administrator, and the proof is letters of administration. The Singapore personal finance system, lesson 8.1, "What a will covers, and what it does not", explains how both work.

Getting the grant takes time by itself. The executor gathers documents, lists the assets and applies to the court. Only after the grant is issued can they approach the broker, bringing the grant, a death certificate and their own identification.

Overseas brokers often ask for more than that. They commonly want certified copies and their own claim forms. Some also want extra documents to meet the rules of their own country. Each round of letters and couriers adds weeks.

The extra step for US assets

Accounts holding US assets often face a second gate. Brokers and custodians holding US-situs assets for a non-resident who has died commonly require an IRS transfer certificate before they release or re-register the assets. The certificate confirms that the US estate tax position has been dealt with, either because the tax was paid or because no tax is due.

Many families do not expect this step. Under the US regulations, no transfer certificate is required when the value on the date of death of the US-situs part of the estate did not exceed the filing threshold for non-residents. Lesson 4.1, "The US can tax your US shares when you die", explains the US estate tax position for non-residents, and the IRS publishes the current threshold. To get it, the executor may have to file with the IRS, wait for the IRS to process the case and then go back to the broker. The IRS website explains when a transfer certificate is needed and how to request one.

Requirements differ between firms, so the broker's own deceased estates team is the place to confirm what that broker needs. Once every requirement is met, the broker releases or re-registers the assets.

What happens to the account while you wait

For the whole process the account is usually frozen. Nobody can sell, rebalance or move the holdings. Dividends may keep arriving, with tax withheld as before, but the holdings themselves are not touched. Markets keep moving, and a frozen portfolio cannot be sold before a sharp fall or rebalanced during one. The family receives whatever the holdings are worth when the process ends, many months after the death.

The delay is not anyone's fault. The process is slow on purpose, because the firm must be sure it is paying the right person and has met its legal duties. Some of the delay comes from the steps themselves. In practice, more of it comes from executors not knowing what to ask for and starting each step only after the previous one has finished. An executor can shorten the wait in four ways: know what to ask for, check the requirements with each broker's deceased estates team, run the steps in parallel, and make sure the account can be found.

Finding the account in the first place

All of this assumes the family knows the account exists. Hakim's aunt held an overseas brokerage account her family did not know about. Her daughter, Hakim's cousin, was named executor of the estate. She knew about the HDB flat, the bank accounts and the CPF. Six months after the death, while sorting the post, she found a letter from an overseas broker addressed to her mother. It was the first she had heard of the account. Getting the shares out took more than a year.

Overseas brokers increasingly send everything by email and app notification, so the paper statements that used to alert families to an account may never arrive. If nobody can get into the email account and nobody has the phone, the broker account can stay invisible, and an executor cannot claim an account they cannot find. Brokers also have rules for dormant accounts. Under the unclaimed property rules of the broker's country, the assets may eventually go to an authority there, and getting them back from that authority is a separate process.

This is why a findable record matters as much as any tax planning. A family that knows the account exists, which entity holds it and who to contact can start every step at once. A family that finds out by chance starts a year late.

The one-page note for your executor

When Hakim asked his cousin what would have helped her most, she said it was not about tax. She wished she had found one sheet listing each account, the broker's name and the entity behind it, the deceased estates contact, and where the statements were kept. With that sheet, she said, she would have written to every broker in the first month instead of the sixth.

That sheet is your activity. Write a one-page note for your executor listing each overseas account, the broker's contact and where the statements are kept. Module 7 comes back to it and adds what an executor needs to get in. For now, keep it short enough that someone grieving could follow it.

Write a one-page note for your executor. List each overseas account, the broker's contact details and where you keep the statements.

Course

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